Conditional No Exposure Exclusion

Operators of industrial facilities in any of the following categories of stormwater discharges associated with industrial activity have the opportunity to certify to a condition of "no exposure" if their industrial materials and operations are not exposed to stormwater.
In general, the 10 categories of industrial activities are as follows:

(Note: Category Ten (x): Construction Activity is addressed under the construction component of the NPDES Stormwater Program and is not eligible for the no exposure exclusion.)

As long as the condition of "no exposure" exists at a certified facility, the operator is excluded from NPDES industrial stormwater permit requirements provided that the operator notifies the permitting authority at least every five years. The conditional no exposure exclusion replaces the no exposure exemption described under the Phase I Stormwater Program.

The links below provide more detailed information on the conditional "no exposure" exclusion: